Theft

Question 1

Introduction

Answer 1

S1 of the Theft Act 1968 establishes that a person is guilty of theft if they Dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.

Question 2

S3 Appropriates - S3 (1)?

Answer 2

Any assumption by a person of the rights of the owner amounts to appropiation.

Question 3

S3 Appropriates - Owners Rights?

Answer 3

Lawrence - The Thief takes control over one of the owners rights.

Possessing it.
Consuming it.
Using it.
Lending it.
Hiring it out.

Question 4

S3 Appropriates - All rights?

Answer 4

Morris - There is no need for all the rights to be assumed, just one of the above list.

Question 5

S3 Appropriates - With or without consent?

Answer 5

Gomez - With or without the owners consent, Even if the owner consents the defendant may still be guilty of appropriation.

Question 6

S4 Property - Definition?

Answer 6

Property includes money and real property (land and buildings) and all other things in action including intangible property.

Question 7

S4 Property - Money?

Answer 7

R v Velumyl - Money includes notes and coins.

Question 8

S4 Property - Body parts?

Answer 8

R v Kelly and Lindsay - Dead body parts are property if they have value.

Question 9

S4 Property - Questions?

Answer 9

Oxford v Moss - Knowledge of questions it not property.

Question 10

S4 Property - S4 (3) and (4)?

Answer 10

Plants and mushrooms growing on wild land is not property.

Question 11

S4 Property - S13?

Answer 11

Electricity is not property.

Question 12

S5 Belonging to another - S5(1)?

Answer 12

Property is another persons’ if they have ownership, possession or control of it’.

Question 13

S5 Belonging to another - Own property?

Answer 13

Turner - Can be convicted of stealing your own property if someone else is in control of it.

Question 14

S5 Belonging to another - Property interest?

Answer 14

Webster - Where the owner still has proprietary interest then the property still belongs to them.

Question 15

S5 Belonging to another - S5(3)?

Answer 15

S5(3) - Property given for a specific purpose belongs to another.

Davidge v Bennett - gas bill cheque.

Question 16

S5 Belonging to another - S5(4) and AG’s reference?

Answer 16

S5(4) - property acquired by mistake but with a legal obligation to return it still belongs to another.

Ag’s reference - being overpaid.

Question 17

S2 Dishonestly?

Answer 17

There is no definition but….

Question 18

S2 Dishonestly - S2(1)(a)?

Answer 18

Defendant not dishonest if they honestly believe that they have a right to legal property.

Question 19

S2 Dishonestly - S2(1)(b)?

Answer 19

Defendant not dishonest if they honestly believed that the owner would consent - Holden.

Question 20

S2 Dishonestly - S2(1)(c)?

Answer 20

Defendant not dishonest if they honestly believe that the owner cannot be found by taking reasonable steps - Small.

Question 21

S2 Dishonestly - Ivey?

Answer 21

If none of the above apply then…

Decide what the D was doing in the circumstances jury must decide if defendant was dishonest by the standards of a reasonable man.

Question 22

S6 Intention to permanently deprive the other of it?

Answer 22

Intention to take forever.

Or

For a period equivalent to outright taking (even if the intention is to return the property).

Question 23

S6 Intention to permanently deprive the other of it - Practical value?

Answer 23

Lloyd - The “goodness” or practical value has gone from the property.

Question 24

S6 Intention to permanently deprive the other of it - An Hour?

Answer 24

Warner - Taking something for an hour and returning it is not IDP.

Question 25

S6 Intention to permanently deprive the other of it -Exact Notes or coins?

Answer 25

R v Velumyl Unless you intent to pay back the exact notes and coins you have IPD.